HomeMy WebLinkAbout20220927.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION
Moved by Butch White, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR21-0023
ENDERS LAND COMPANY, LLC, C/O OVERLAND SOLAR, LLC
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR A
SOLAR ENERGY FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT.
SE4 SECTION 15, T2N R65W OF THE 6TH P.M., WELD COUNTY, COLORADO
0.5 MILES EAST OF CR 43; NORTH OF AND ADJACENT TO CR 20 SECTION
LINE.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Staff finds that the proposal is consistent with entirety of the Comprehensive Plan and more
specifically the following goals.
22-2-30. C. Harmonize development with surrounding land uses.
The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy
development facility. Some adjacent land is already being used for oil and gas energy
development.
22-2-30. D. Collaborate on County -wide transportation and land use plans.
The access to the property is via unmaintained right-of-way from County Road 22, which is
paved. Once the facility is constructed, the site will be unmanned except for routine maintenance
and therefore have a minimal impact to the properties sharing the unmaintained right-of-way or to
the County Road system. A Road Maintenance Agreement has been requested by staff in the
December 13, 2021 referral response to address potential construction impacts.
22-2-60.B. Support responsible energy and mineral development.
According to the application, the Solar Energy Facility will provide 10 megawatts of electricity,
enough to meet the needs of 3,300 average American households, connecting into the United
Power grid.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
The proposed use, Solar Energy Facility, is permittable under Section 23-3-40. FF.
Agriculture in the County is considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected business, industrial and residential
land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture
as an essential feature of the county. The A (Agricultural) Zone District is intended to provide
areas for the conduct of agricultural activities and activities related to agriculture and agricultural
production, and for areas for natural resource extraction and energy development, without the
interference of other, incompatible land uses.
RESOLUTION USR21-0023
ENDERS LAND COMPANY, LLC, C/O OVERLAND SOLAR, LLC
PAGE 2
The proposal meets the intent of A (Agricultural) Zone District as the facility will produce energy
and will not interfere with adjacent agricultural operations
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
Adjacent land is sparsely populated and is used for oil and gas activity, rangeland and
agricultural production The access to the property is via an unmaintained right-of-way used by
five residences and multiple properties prior to reaching a publicly -maintained road Surrounding
property owners were notified and no responses were received Staff finds that the proposed use
is in an area that can support this development and the proposed screening, Development
Standards, and Conditions of Approval will assist in mitigating the impacts of the facility on
adjacent properties and ensure compatibility with surrounding land uses and region
D Section 23-2-220 A4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities
The site is located within the three (3) mile referral area of the Town of Keenesburg and the
Town of Hudson The Town Keenesburg did not reply to the Notice of Inquiry request or the
referral request The Town of Hudson did not return a referral response The site is designated
on the Weld County Comprehensive Plan in the Urban-NonUrban mixed area, indicating that the
site is between one (1) and three (3) miles from the Town of Hudson municipal limit, however,
there are no residential neighborhoods in the vicinity As the SEF is proposed to be less than one
hundred sixty (160) acres, it did not require a 1041 review
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code
The property is/is not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay
District, Airport Overlay District, or a Special Flood Hazard Area Building Permits issued on the
property will be required to adhere to the fee structure of the County -Wide Road Impact Fee
Program, County Facility Fee and Drainage Impact Fee Programs
F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use
A small portion of the proposed facility will be located on Valent Sand, which is considered
farmland of local importance, and a small portion will be located on Nunn loamy sand, which is
considered farmland of statewide importance, per the 2020 Natural Resource Conservation
Service Soil Survey and per the April 6, 2021 report of the same source However, the applicant
stated in the application that the site has been fallowed from agricultural use due to low yields
and lack of profit from farming the land The applicant also stated in the application that they plan
to employ minimally disturbing construction practices and native planting in disturbed areas to
keep land covered with native vegetation which may improve soil, water quality and site
drainage
G Section 23-2-220 A 7 — There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-
2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants
of the neighborhood and County
RESOLUTION USR21-0023
ENDERS LAND COMPANY, LLC, C/O OVERLAND SOLAR, LLC
PAGE 3
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
The Planning Commission recommendation for approval is conditional upon the following
1 Prior to recording the map
A The applicant shall acknowledge the advisory comments of United Power, as stated in the
updated referral response dated February 16, 2022 Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services (Department of Planning
Services)
B The applicant shall acknowledge the advisory comments of the Weld County Oil and Gas
Energy Department, as stated in the referral response dated December 28, 2021 Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services
(Department of Planning Services)
C A Road Maintenance Agreement is required at this location Road maintenance includes, but is
not limited to, dust control and damage repair to specified haul routes during construction
(Development Review)
D If applicable, the applicant shall submit a recorded copy of any agreement signed by all of the
owners of the property crossed by the access The agreement shall be for ingress, egress,
utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's
Reception number (Department of Planning Services — Development Review)
E The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR21-0023 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code (Department of Planning Services)
4 Any existing and proposed solar facility installations and electrical equipment, power
lines, structures, temporary work trailers, storage containers (limited to two (2) per
Section 23-3-30 B of the Weld County Code), storage areas and miscellaneous
improvements, as applicable Clearly indicate which items are temporary for use during
construction and which items are permanent (Department of Planning Services)
5 Required fencing, gates and any emergency and site identification signage, in
accordance with Section 23-2-240 A 12 and Section 23-4-1030 C 6 of the Weld County
Code Include fence and sign specification details on the map Refer to the Weld County
Sign Code, as amended (Department of Planning Services)
6 On -site lighting, if applicable All lighting shall be downcast and shielded so that light
rays will not shine directly onto adjacent properties Include lighting specification details
on the USR map Refer to Section 23-2-250 D of the Weld County Code for design
criteria (Department of Planning Services)
7 Trash collection areas, if applicable Section 23-2-240 A 13 of the Weld County Code
addresses the issue of trash collection areas (Department of Planning Services)
8 Setback radiuses for existing oil and gas tank batteries, wellheads, and encumbrances,
if applicable Setback requirements are located in Section 23-3-70 E of the Weld County
Code (Department of Planning Services)
RESOLUTION USR21-0023
ENDERS LAND COMPANY, LLC, C/O OVERLAND SOLAR, LLC
PAGE 4
9 Planned oil and gas surface development areas, corridors, access roadways, etc as
part of any executed Surface Use Agreement (Department of Planning Services)
10 All recorded easements and rights -of -way on the map by book and page number or
reception number and recording date (Department of Planning Services)
11 County Road 22 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full
buildout The applicant shall delineate and label on the site map or plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and
the physical location of the road All setbacks shall be measured from the edge of right-
of-way This road is maintained by Weld County (Development Review)
12 County Road 45 Section Line is shown to have 30 feet of unmaintained section line
right-of-way per the Weld County GIS right-of-way map The applicant shall delineate the
existing right-of-way on the site plan Show and label the section line Right -of -Way as
"CR 45 Section Line Right -Of -Way, not County maintained " All setbacks shall be
measured from the edge of right-of-way (Development Review)
13 If applicable, a 30 -foot minimum access and utility easement to provide legal access to
the parcel on the site plan (Development Review)
14 The approved access location, approved access width and the appropriate turning radii
on the site plan The applicant must obtain an access permit in the approved location
prior to construction (Development Review)
15 Drainage flow arrows (Development Review)
16 Parking and traffic circulation flow arrows showing how the traffic moves around the
property (Development Review)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy ( pdf) of the map for preliminary approval to the Weld County Department of Planning Services
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services The map shall be prepared in
accordance with the requirements of Section 23-2-260 D of the Weld County Code The Mylar map
and additional requirements shall be submitted within one hundred twenty (120) days from the date of
the Board of County Commissioners Resolution The applicant shall be responsible for paying the
recording fee (Department of Planning Services)
3 In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50 00 recording continuance charge shall be added for each
additional three (3) month period (Department of Planning Services)
4 The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded Activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement
(Department of Planning Services)
5 Prior to Construction
A The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of
security in an amount sufficient to fund the estimated decommissioning/reclamation costs
RESOLUTION USR21-0023
ENDERS LAND COMPANY, LLC, C/O OVERLAND SOLAR, LLC
PAGE 5
required by Section 23-4-1030 B 4 of the Weld County Code, for acceptance and approval by the
Weld County Board of County Commissioners Once approved, the Decommissioning and
Reclamation Plan shall be updated to include the approved security information (Department of
Planning Services)
B The approved access and tracking control shall be constructed prior to on -site construction
(Development Review)
C If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
Motion seconded by Michael Palizzi
VOTE
For Passage
Lonnie Ford
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Michael Wailes
Michael Palizzi
Against Passage Absent
Pamela Edens
Tom Cope
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on March 1, 2022
Dated the 1st of March, 2022
Kristine Ranslem
Secretary
RESOLUTION USR21-0023
ENDERS LAND COMPANY, LLC, C/O OVERLAND SOLAR, LLC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Enders Land Company LLC / Overland Solar LLC
USR21-0023
1 A Site -Specific Development Plan and Use by Special Review Permit, USR21-0023, for a solar energy
facility (SEF) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon
(Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code (Department of Planning Services)
3 Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
4 The facility is unmanned and will operate year-round Limited maintenance personnel may visit the site
once operational (Department of Planning Services)
5 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured from the highest natural grade below each solar panel to the highest extent of the solar panel
rotation (Department of Planning Services)
6 Glare The SEF shall be placed so that concentrated solar glare from its solar collectors will not be
directed toward or onto nearby properties or roadways at any time of the day (Department of Planning
Services)
7 Dust mitigation The operators of the SEF shall continuously employ the practices for control of fugitive
dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030 C 4 of the Weld County Code,
as amended
8 Underground cables All electrical cables on the improved area shall be buried, except for direct current
string wires that connect between solar collectors, direct current collection circuits between rows of solar
arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit
voltages greater than 34 5 kilovolts (where necessary)
9 Fencing The SEF shall be enclosed with a security fence as approved pursuant to the Fencing Plan
shown heron Appropriate signage shall be placed upon such fencing that warns the public of the high
voltage therein
10 Stormwater management The Operator of the SEF shall comply with the approved Final Drainage Report
and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code Ground -mounted
solar collector systems shall be exempt from impervious surface calculations if the soil under the
collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service
(NRCS)
11 Decommissioning The site shall adhere to the accepted Decommissioning and Reclamation Plan Weld
County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial
security, to pay for decommissioning in the event that the holder has not commenced decommissioning
and reclamation activities within ninety (90) days of the Board of County Commissioners' order or
resolution directing decommissioning and reclamation
12 The site shall be maintained in accordance with accepted Property Maintenance Plan (Department of
Planning Services)
RESOLUTION USR21-0023
ENDERS LAND COMPANY, LLC, C/O OVERLAND SOLAR, LLC
PAGE 7
13 During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100 5, C R S ) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination (Department of Public Health and Environment)
14 During construction, no permanent disposal of wastes shall be permitted at this site This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100 5, C R S (Department of Public Health and Environment)
15 During construction, waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions The
facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code (Department of
Public Health and Environment)
16 During construction, adequate toilet facilities and handwashing units shall be provided Portable toilets
shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened from public
view and removed when construction is completed (Department of Public Health and Environment)
17 _ Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction
of the facility (Department of Public Health and Environment)
18 The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code (Department of Public Health and Environment)
19
The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to
Chapter 15, Article I and II, of the Weld County Code (Development Review)
20 The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking (Development Review)
21 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
22 The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates (Development Review)
23 Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County (Development Review)
24 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
25 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
26 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations
27 The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted Any other changes shall be filed in the office of the Department of
Planning Services
RESOLUTION USR21-0023
ENDERS LAND COMPANY, LLC, C/O OVERLAND SOLAR, LLC
PAGE 8
28 The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners
29 Construction or USE pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated The Director of Planning
Services may grant an extension of time, for good cause shown, upon a written request by the landowner
30 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state
face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
31 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers
to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on
rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement,
silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities,
shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed,
RESOLUTION USR21-0023
ENDERS LAND COMPANY, LLC, CIO OVERLAND SOLAR, LLC
PAGE 9
will not provide the same kind of surface expected from a paved road Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm
Services in rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood
i
I
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 1, 2022
EXHIBIT
I B
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A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens,
Michael Palizzi.
Absent: Tom Cope.
Also Present: Michael Hall and Angela Snyder, Department of Planning Services; Melissa King,
Development Review, Lauren Light, Department of Health; Karin McDougal, County Attorney, and Kris
Ranslem, Secretary.
CASE NUMBER: USR21-0023
APPLICANT: ENDERS LAND COMPANY, LLC, C/O OVERLAND SOLAR, LLC
PLANNER: ANGELA SNYDER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR
A SOLAR ENERGY FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: SE4 SECTION 15, T2N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO
LOCATION: 0.5 MILES EAST OF CR 43; NORTH OF AND ADJACENT TO CR 20 SECTION
LINE.
Angela Snyder, Planning Services, presented Case USR21-0023, reading the recommendation and
comments into the record. Ms. Snyder noted that no responses were received from surrounding property
owners. The Department of Planning Services recommends approval of this application along with
conditions of approval and development standards.
Commissioner Holland clarified if this is irrigated farmland. Ms. Snyder said that she doesn't believe it is
irrigated. Mr. Holland asked how this project would be decommissioned. Ms. Snyder replied that a
decommissioning plan is required and was submitted with the application.
Commissioner White referred to their financial assurance and stated that it reads 15 years after
commencement of operations the project owner shall provide removal security. He asked to clarify if the
County will wait 15 years to collect this money. Karin McDougal, County Attorney, stated that she will
research this. Additionally Commissioner Gluck asked what the amount of the bond is.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Nathan Stottler, One Energy Renewables, representing Overland Solar, LLC, 3487 Florence Way, Denver,
Colorado, stated that the land was not irrigated but is dryland. The famers of the land had a hard time
turning profit with the soils out there so the owners turned to them as an alternate means of income.
Commissioner Gluck asked what the life expectancy will be for this project. Mr. Stottler replied that it will
be 30 years with a possibility of extending out to 50 years with upgrading and repowering in the future.
Commissioner Edens asked if that includes the replacement of solar panels or the expected life of the solar
panels. Mr. Stottler replied that the expected life of the solar panels is around 30 to 35 years. He added
that the other equipment (foundation, racking, trackers, etc.) do last longer and then at 30 to 35 years they
would evaluate to repower the facility which would mean replacing the solar panels to extend the life for
another 20 to 25 years.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
1
Kann McDougal, County Attorney, referred to Section 23-4-1030 regarding the
decommissioning/reclamation plan and stated that it shall be provided at the time of the SEF application
submittal She added that it shall commence 12 months after the power production has been seized and
updated every five (5) years to address the cost Commissioner White clarified if the applicant's plan is in
compliance with the code Ms McDougal said that she has not reviewed their plan, however, she added
that she will take a look at that and work with staff to address this and make sure that the decommissioning
plan is in compliance with what the code requires
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Commissioner Holland asked what the basis of Commissioner White's comments were that the applicants
were not in compliance Mr White said that according to Ms McDougal the decommissioning plan is to be
updated and reviewed every five (5) years and the applicant has stated that the financial assurance that
One Energy has provided will be 15 years after the commencement of operations of the project The project
owner shall provide removal security to cover the estimated removal costs Commissioner White added
that it doesn't sound like they not putting a bond up until 15 years after operating Karin McDougal, County
Attorney, said that she understands what he is referring to and added that there is a condition of approval
prior to construction and the code does require a letter of credit, bond, or alternate form of security in an
amount sufficient to fund the estimated decommissioning/reclamation costs Ms Snyder added that this
statement is included in Condition of Approval 5 A and will be addressed before final Commissioner White
stated that he doesn't have a problem with the project but it is something that should be mentioned with the
County Commissioners
Motion: Forward Case USR21-0023 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Butch White, Seconded by Michael Palizzi
Vote Motion passed (summary Yes = 7, No = 1, Abstain = 0)
Yes Butch White, Elijah Hatch, Lonnie Ford, Michael Palizzi, Michael Wailes, Sam Gluck, Skip Holland
No. Pamela Edens
I
Meeting adjourned at 1 32 pm
I
Respectfully isubmitted,
45Vdtalt-,4imatukt,
Kristine Ranslem
Secretary
2
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